Daily Republican., 1887-06-01
THIRD EDITION.


Winthrop, Cunningham q Sons Va
James Eslinton, sr., was taken up for /
trial. Tais 10 nm action on . foreign 81 /
tacnmaut to recover debt Of 81 ,SI3,
for which note was given by the de
PENDANT, with interest from October
22nd, 1885. The plaintiffs were repre-
sented by l.. @. Vanderbilt, Esq., and
the defendant by j. II. Hohecker, Jr.,
Esq. After the oase had been stated toI
tho jury by Mr.. Vsndegrift, the examt-
nation OF witnesses was commenced.
VIM. T. Cunningham, one OF incl
plaintiffs in the case, testified that In
addition 10 tho S1,372 for which this
suit Is entered the defendant owes them
$3.50, being money which he had ad-
vanced to him. They had at one timel
received o quantity Of leather from
him, to DO sold without comnission,c ut
Could only dispose of small amount
OF 1t, az the balance was pronounced
upsalesb.e.
Mr. Hoffecker, for the defendant, OBJ
iected to the note being used In EVIL.
dence, as he claimed the suit was en-
tered before the note was due. The note
was given at ninety days, July II, 1885,
making 1t fall due October 19 TO ~
1885. There was . written contract
providing that II Is was the desire OF
the defendant the note should DO ex
tended Aye months. He also claimed
that there was . set of for GOODS sno
merchandise sold the plaintiffs. :,
James N2liuton, Jr., was sworn. ana
testieed that he Ia q son Of the defend.
ant. and managed his business In PhilA'
delphia, and that o short time beIore
the note fell due the plaintiffs bought
goods from his father to the amount OF
81. $40 o., on which they paid 5000,
leaving o balance Of 81, 1904, which
still rem aims unpaid.
This testimony was corroberated Dy
Solomon Eslinton, who, after stating
that he WAS book keeper Tor his father,
offered The book Of original entries In
evidence.
MI. Cunningham was called In re-
buttal. md testified that 5000 of the
amount paid E2linton was for case OF
goods which he never delivered.
The case was argued by counsel until
1.1b O'Clock, when court TOOK roceet
until 3 o'clock.
Imm eiiately after the commence
raent Of the afternoon session the jury
were charged by Ju6 &c Houston and re-
tired. After being out sbous an houl
and halt they returned with a verdic
In favor of the plaintiff for the sul
amount claimed.
Tilghman johnson, Eso., made mo
tion for q stay OF proceedings IN tn
case OF the Riverside Lumber Compsn.
va. THOMAS 8. Hampton md J. Franz
Ruth, which was tried last week and
verdict rendered for the plaintiff. Th
motion vas opposed by Charles y
Lore, Ed, attorney Tor the plaintiff
and after d lengthy discussion dente
by the court. Mr.. johnson filed his 81
ception, and will tGke the case to th
Court OF Errors and Appeals.
The case Of McCafferty, Mallcy
Comfy w. the Baltimore and Philade
phia Railroad Company was settled 9
George GrAy, Esq, attorney for to
plaintiffs, aud Levi G. Bird, Eco
attorney for the defendant con
pany, This was suit to recov
for wo,k done in building ce
tain sections OF the oompeny's ne
road, ard the amount sued for W
ST., 600, bat by agreement OF counsel
was settled for s70,0oD.
The application to set aside
sheriff 5 sale OF George w. Morriso
prope rty p. New Castle was heard
the Guueylor Court this morning.
nrop.ytv comprised the efferson whs
New Castle, 108x400 feet, bought by
William Lea s. Sons Company
S8, 200, and farm OF 105 acres, L
Nsw Castle, to Edmund Haman
$1,000 Tho ground wa9 inadequacy
prise sni informa,ity in the proce
inss. Charles B. Lore, Esq, req
scented Mr. Mofrisc n, John II. Rodn
Esa., the sherif, and Willard Sa,
bury, Jr, EjQ., ghe purchasers.
Mr., Morrison ssid the wharf rem
for $3.50, cost him SD. 900 or S15, eco, {
uas worth $f2 600. The farm cost
Sl2,GO0 cash in 1866, and rehlizst
$3.50 per auuum.
Mionael King, Joseph Fl. King, .
thony Rey bold, Elmer W. CLARK, .
Hyde md George w. Eskles
thought the wharf was worth sll GO
$4,000.
Ii relation to the farm, William
Appleby, John ". Moore, John Bid
Richard Appleby and George Will
said II WAS worth at lsa.t Si2oco
brother, q Judgment creditor, WI
have been at the wharf sale, but be
not notify Kim, because Ale1snde
Cooper. ESQ, told him the wharf WI
not BIZ sold.
John G. Higains said he would
attended the Gale, as q bidder, ha
been notified by hts brother.
In yebuttal, William White said
did not think TIE farm WAS worth l
than 90, 500; James Morgan was Ger
il was not worth $1,000. and Edu
Haman, the purchaser, did not thin
got bargain.
Lewis e. Eiiason thought the "
was we'll sold at So, 600; George
Turner thought the wharf brougf
full value, and Samuel T. Truss aa
with him. This witness slso on
wharf and would be willing to
So 900 for 1t.
Henry Roger testified that he liv
New Castle and knows the Nor
wharf, and would rot give S5.O 600 II
II no WAS In tie grain busines
would be willing to give 50 GOO for
Davie W. Elkin.o4 though the
had brought all IL WAS worth at o
sale. David Lewis and Eugen'
Chase were Of the same opinion
thought 1t brough. ali 1t was wortE
A. b Cooper, Esq., testified tn
is Is director CT the Farmers' Bal
New Castle, and told Mr.. His
after the judgment was placed Il
H1dney's hands, that he did not b
Tho ea,s would take place for some
as he thought 1t would ba put OFT
q would bring g batter price.
however yes only Ills own epini
tho paarter, and the very day Ia
took ptace he saw Mr. Higgins, a
seemed surprised that IL WAS .
place.
When the evidence was all In,
Houston carefully reviewed the
aD,i decided to set the sale ASIDE.
The CASES o; James NJ. Friesl
and Walter Bacon against the c